Background
Background

Agenda and minutes

Venue: The Bainbridge Room, The Copeland Centre, Catherine Street, Whitehaven. CA28 7SJ

Contact: Clive Willoughby  Tel: 01946 598328

Items
No. Item

SEC 19/36

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Doug Wilson.

 

SEC 19/37

Declarations of Interest

Minutes:

Councillors Dave Banks, Graham Calvin, Joan Hully and Russell Studholme declared a non-pecuniary interest in Agenda Item’s 6 and 7 due to knowing one or more of the persons involved.

 

SEC 19/38

Minutes of the Meeting held on 3 December 2019 pdf icon PDF 65 KB

Minutes:

RESOLVED: - that the minutes of the meeting held on 3 December 2019 be signed by the Chair as a correct record.

 

SEC 19/39

Appointment of Deputy Chair

Minutes:

It was proposed by Councillor Graham Calvin duly seconded and

 

RESOLVED – That Councillor Russell Studholme be appointed Deputy Chair for the Standards and Ethics Committee for the remainder of the Municipal Year 2019/20.

 

SEC 19/40

Exclusion of Press and Public

The Chair to move:

That under Section 100 (a) (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item on the grounds that, if they were present, there could be disclosed to them exempt information as defined in the relevant paragraphs of Schedule 12A of the Act.

 

Minutes:

RESOLVED – that the press and public be excluded for the remaining items of business in view of the likely disclosure of exempt information as defined in paragraphs 1, 2 and 3 of schedule 12A of the Local Government Act 1972.

 

SEC 19/41

To consider Complaint 1 under the Council's Code of Conduct Procedure

Minutes:

Prior to the commencement of the consideration of this complaint, Members were introduced to the Complainant and advised that the Subject Member would not be in attendance. Mr Henry Holmes confirmed that he was an Independent Member who was attending to observe, challenge and advise.

 

The Chair advised those present that the meeting was in private and recording was strictly prohibited. The Complainant, Members of the Committee, Independent Person and officers all confirmed that they were not recording the proceedings.

 

The Committee were informed that the Complainant had submitted two complaints against the Subject Member and these would be considered separately.

 

Consideration was firstly given to an allegation that the Subject Member had disclosed confidential information to an unconnected third party.

 

The second allegation was that the Subject Member’s inaction had led to the Parish Council being without the correct banking arrangements, leading to a delay in paying creditors.

 

The Committee received representations from the Council’s Monitoring Officer and Solicitor and the Chair invited comments from the Complainant.

 

The Complainant and Supporter left the room whilst the Committee deliberated and considered their decisions.

 

At the conclusion of the deliberation it was:

 

RESOLVED – that the committee unanimously agreed that there had been a breach of the Code of Conduct on both occasions. 

SEC 19/42

To consider Complaint 2 under the Council's Code of Conduct procedure

Minutes:

Prior to the commencement of the consideration of this complaint Members were introduced to the Complainant and advised that the Subject Member would not be in attendance. Mr Henry Holmes confirmed that he was an Independent Member who was attending to observe, challenge and advise.

 

The Chair advised those present that the meeting was in private and recording was strictly prohibited. The Complainant, Members of the Committee, Independent Person and Officers all confirmed that they were not recording the proceedings.

 

The Committee were informed that the complainant had submitted two complaints against the Subject Member and that due to the similar nature of the complaints, they would be heard together.

 

Consideration was given to allegations that the Subject Member had disclosed confidential information to an unconnected third party.

 

The committee received representations from the Council’s Monitoring Officer and Solicitor and the Chair invited comments from the Complainant.

 

The Complainant and Supporter left the room whilst the Committee deliberated and considered their decisions.

 

At the conclusion of the deliberation it was:

 

RESOLVED – that the committee unanimously agreed that there had been a breach of the Code of Conduct on part of the complaint. 

 

SEC 19/43

To consider Complaint 3 under the Council's Code of Conduct procedure

Minutes:

Prior to the commencement of the consideration of this complaint, Members were introduced to the Complainant, Subject Member and their supporter. Mr Henry Holmes confirmed that he was an Independent Member who was attending to observe, challenge and advise.

 

The Chair advised the Complainant and Subject Member that the meeting was in private and recording was strictly prohibited. The Complainant, Subject Member, Members of the Committee, Independent Person and Officers all confirmed that they were not recording the proceedings.

 

Consideration was then given to allegations that at a recent Parish Council meeting, for which the Subject Member was Chair, an urgent item was added to the agenda without the required three days’ notice been given and that the item should have been held in Part 2.

 

The committee received representations from the Council’s Monitoring Officer and Solicitor and the Chair invited comments from the Complainant.

 

The Subject Members responded to the allegations, after which Members were invited to ask questions of both parties.

 

The Subject Member was given the last word in summing up.

 

The Complainant and subject Member left the room whilst the committee deliberated and considered their decision.

 

An audio recording of the said meeting was heard by the Committee

 

RESOLVED – that the committee unanimously agreed that there was no breach of the Code of Conduct.

 

Original text